BURNETTE v. STATE

No. 71-937.

258 So.2d 470 (1972)

Gary BURNETTE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 29, 1972.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Arnold Ginsberg, Asst. Atty. Gen., for appellee.

Before SWANN, C.J., and CHARLES CARROLL and HENDRY, JJ.


PER CURIAM.

Appellant-defendant Gary Burnette was charged by information with possession of burglary tools and was tried non-jury. From a judgment of conviction and a sentence entered thereupon, he appeals. See § 810.06, Fla. Stat., F.S.A. We reverse and order that he be discharged.

A Metropolitan Dade County detective saw defendant on October 28, 1969, at about 1:30 A.M. in an alley at the rear of a drug store. On being questioned, defendant said he...

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